# C_2007211EN.01002703.xml

| 8.9.2007 | EN | Official Journal of the European Union | C 211/27 |
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8.9.2007

EN

Official Journal of the European Union

C 211/27

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Reference for a preliminary ruling from the Conseil d'Etat, Belgium, lodged on 12 July 2007 — Coditel Brabant v 1. Commune d'Uccle, 2. Société Intercommunale pour la Diffusion de la Télévision (BRUTELE), 3. Région de Bruxelles-Capitale

(Case C-324/07)

(2007/C 211/51)

Language of the case: French

Referring court

Conseil d'Etat

Parties to the main proceedings

Applicant: Coditel Brabant

Applicant:

Defendants: 1. Commune d'Uccle, 2. Société Intercommunale pour la Diffusion de la Télévision (BRUTELE), 3. Région de Bruxelles-Capitale

Defendants:

Questions referred

| 1) | May a municipality, without calling for competition, join a cooperative society grouping together exclusively other municipalities and associations of municipalities (a so-called pure inter-municipal cooperative) in order to transfer to that cooperative society the operation of its cable television network, in the knowledge that the cooperative society carries out the essential part of its activities for and with its own members and that decisions regarding those activities are taken by the board of directors and the sector boards within the limits of the delegated powers granted to them by the board of directors, those corporate bodies being composed of representatives of the public authorities and the decisions of those corporate bodies being taken in accordance with the vote expressed by the majority of those representatives? |
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1)

May a municipality, without calling for competition, join a cooperative society grouping together exclusively other municipalities and associations of municipalities (a so-called pure inter-municipal cooperative) in order to transfer to that cooperative society the operation of its cable television network, in the knowledge that the cooperative society carries out the essential part of its activities for and with its own members and that decisions regarding those activities are taken by the board of directors and the sector boards within the limits of the delegated powers granted to them by the board of directors, those corporate bodies being composed of representatives of the public authorities and the decisions of those corporate bodies being taken in accordance with the vote expressed by the majority of those representatives?

| 2) | Can the control thus exercised over the decisions of the cooperative society, via the corporate bodies, by all the members of the cooperative society — or, in the case of operational sectors or sub-sectors, by some of those members — be regarded as enabling them to exercise over the cooperative society control similar to that exercised over their own departments? |
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2)

Can the control thus exercised over the decisions of the cooperative society, via the corporate bodies, by all the members of the cooperative society — or, in the case of operational sectors or sub-sectors, by some of those members — be regarded as enabling them to exercise over the cooperative society control similar to that exercised over their own departments?

| 3) | For that control to be regarded as similar, must it be exercised individually by each member, or is it sufficient that it be exercised by the majority of the members? |
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3)

For that control to be regarded as similar, must it be exercised individually by each member, or is it sufficient that it be exercised by the majority of the members?

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